30 Oct 2020
TO HU SING v. CHEUNG KWAI CHUEN AND OTHERS
- Citation
- [2020] HKCFI 2747
- Court
- Court of First Instance
- Case number
- HCA1930/2015
The vendor's attempted reliance on clause 8 was ineffective because he did not tender the payments required by that clause on or before the contractual completion date and could not validly invoke it ten years later; the defendants were not barred by laches because they were in possession as purchasers under the Provisional Agreements/licences and had an equitable estate; accordingly specific performance of the Provisional Agreements was ordered with defendants to complete as soon as practicable and to pay simple interest on the unpaid balance at 4% p.a. from 1 April 2010 until completion.